Damaged Display Case - help!

Hi all

I've found myself in an on-going saga with a small but professional internet company. The situation is this - I purchased an item supplied in a show display case. The package finally arrived (late!) and the case was unfortunately cracked.

I reported the issue with the supplier and they promised a replacement case 'very soon'. It turned out that they waited for an insurance claim for the package from the shipper before even re-ordering a new case.

I was then told that the case would that it was being ordered from Canada - to cut a very long story short, they just keep keeping excuses and no confirmation of delivery date. I first reported this to them back in February afterall!!!

I've since found an alternative supplier for a new case and the internet company agreed to pay me the money they claimed with insurance from the shippers. This is just being dragged on and on now so I have threatened taking them to the Small Claims Court to force their hand in paying me.

They have now told me that they've sent me payment by Registered Post which has never arrived and that I was trying to steal from them by asking them to pay me again. They need only check with Royal Mail for proof that the letter has not been signed but the are being quite bloody minded about it.

Do you know how I stand on this? They haven't replaced the case and they now haven't paid the refund they'd promised. I'm at a loss as what to do.

Any help would be much appreciated.

Thanks EddieP

I have asked for both proof of purchase and a tracking number but they say they won't send me anything. I have had an email today telling me to basically take them to small claims since small claims would see the £48 sum owed as an insult and would laugh me out.

It is a small amount of money but the principle is that they have not fulfilled their contract - is that correct?

Thanks very much

Thank you very much for your swift reply.

I have also yesterday received a letter from a 'solicitor friend' of their company suggesting that if I was to proceed to small claims she would make it her personal business to throw everything at me and my personal company. No payment or association was ever made from my business, it was a personal purchase - the item was delivered to my workplace and I had asked them to send their refund here but nothing else.

Can I just check with you that if I proceed to small claims that she couldn't try to cause trouble for my business? It is a limited company and I am a director and of course I don't want any bad reflection or retaliation on it.

Her intention was very much a threat.

Again, it's a small amount of money but this company are really just trying to get out of their obligations.

Thanks again for any advice you can offer me.

Hi,

With regard to this I've just been informed by the company that they sent the postal order by royal mail and it was photocopied with its certificate of postage rather than by registered mail as first suggested.

Their 'solicitor friend' has written "if it is found your have ignored court rules, acted excessively, or have used material deemed likely to jeopardise fair judgement, proceedings may be brought against you for Contempt of Court under section 10 of the Contempt of Court Act 1981.

Similarly if it is found that you have abused the Judicial Proceeding, you are likely to incur a fine or a warrant for your committal to prison.

Should you opt to file in the Small Claims track as per the contents of your email, be advised that I will do everything within my power to bring these proceedings against you. Your company will be liable for costs in the likely event that your claim will either be dismissed or referred to a Circuit Judge for Sanction".

Pretty heavy stuff for a minimal claim of £46 perhaps?

Can anyone offer any comment or advice on this?

Thanks very much!

Thank you for your prompt response.

I guessed perhaps they are just trying to scare me off with talk of 'abusing the Judicial Proceeding, you are likely to incur a fine or a warrant for your committal to prison'!

Their last email today said "So you'll have to spend money on filing the claim and similarly further money on your lawyer to issue one.

If you want to do that for such a small amount of money (bearing in mind that most county courts rarely deal with any claim lower than £250 then that is a decision you have to make yourself.

So thanks but no thanks,

In the meantime (the Solicitor friend) has advised me that she looks forward to receiving your claim form."

Again I found this threatening which put me on the back foot since I don't have the legal knowledge for a considered reaction.

Is that just rubbish too?

I'm really sorry I have another question!

If I press on with the small claims court I've read that since it's a small value and for a 'fixed amount' in that I'm not seeking compensation for my time etc, etc what is the likelihood of me having to go to their local court for this? They are in the North and I'm in the South of England so it would be hard to justify a day out of the office for this pain in the backside.

Is it all done online? I've been reading on the Small Claims website and it seems that it's all handled online unless the appeal or counter-claim.

I'm really sorry to keep asking questions but I think knowledge is a good thing when it comes to these matters and you guys seem excellent on that front!

Thanks in advance for your help.

Thank you again 'Witch consumer'.

I have a bad feeling that this company is bloody minded enough to defend it just for the hell of it - especially at the actual outcome cost could be small even if they lost.

I agree too that they should be taught a lesson. This has taken far too much of my time and trust and to be honest being let down and messed around has been a royal pain. My worry is that a trip to Yorkshire from Essex would be an equally big pain and in many ways not worth my time away from my business to go to court if they are going to battle me.

Armed with the information that you have kindly given me I feel better informed to make the decision. It's a pity the money owed was not more as it would make the decision to go ahead much easier.

That said I do feel they should be taught a lesson and not pursuing it would let them get away with it.

Oh for a simple life...

Thank you for your note. That's good advice and I will indeed send the letter by recorded delivery to them so they are sure to receive it.

I'll let you know what happens as others in a similar position may find the info useful.

Thanks again for your time, it is very much appreciated.

Regards